INTERNATIONAL criminal lawyer Nicholas Kaufman, lead counsel for former President Rodrigo Roa Duterte, firmly denied accusations that his legal team was deliberately delaying proceedings at the International Criminal Court (ICC) in The Hague, asserting that there was no truth to claims of stalling.

In a written interview released publicly on July 29, 2025, Kaufman called out what he described as misinformation and sabotage coming from Dutertes former allies. 

At the center of his criticisms was Harry Roque, the former presidential spokesman and lawyer, whose actions, according to Kaufman, could have put the defenses strategy at risk.

I am stalling nothing. I will not, however, pursue a request for something as fundamental as interim release when I have been prevented from accessing information, which I believe to be crucial to obtaining that objective. Unfortunately, I cannot elaborate on the nature of the information that I require. I have, however, been seeking this information for several months and did not believe it conceivable that it would be so slow in forthcoming, Kaufman explained.

These delays are not attributable to the Defence. Furthermore, I am not going to apologise for doing my job thoroughly even if it is not at the pace required by others. All that counts is that the former President is fully informed and consents to his teams activity on his behalf.

Kaufman said the delays were not on the part of the defense but were due to the slow release of documents he believes are crucial in securing Dutertes temporary release from ICC custody. Kaufman also criticized Roque for allegedly approaching a Dutch lawyer to file a case against the Dutch government in an attempt to challenge Dutertes transfer to the ICC. Kaufman said the move was reckless and could have backfired.

That idea was crazy, he said. The release of the former President would require the cooperation of the Dutch Government something unlikely to be forthcoming if theyre being sued. 

Kaufman added that the Dutch lawyer cut ties with Roque after learning that he had legal issues of his own.

Neither the former President, nor anyone else in his immediate circle, wants Roque involved, he said.

When asked about the defense strategy, Kaufman confirmed they will not be presenting any witnesses, nor submitting an alibi during the upcoming confirmation-of-charges hearing set for September 23 to 26, 2025.

Kaufman believes this legal theory, called indirect co-perpetration, is flawed and not supported by credible evidence. He said their approach will focus on showing inconsistencies in the prosecutions claims and the lack of direct evidence linking Duterte to the alleged crimes.

There is no need for an alibi if the Prosecution is not alleging the former Presidents direct involvement in criminality. That is not the Prosecution case. The Prosecution cannot prove that the former President ordered a murder and has, accordingly, constructed a fantastic theory of indirect co-perpetration. This theory entails the notion that crimes were committed by others all of whom were subordinated to the former Presidents supposed domineering control, he said.

The ICC has charged Duterte with crimes against humanity, including murder, torture, and rape, committed during his administrations war on drugs. He was arrested on March 11, 2025, at the Ninoy Aquino International Airport and was flown to The Hague the next day. He has been detained at the ICCs Scheveningen facility ever since.

On March 14, Duterte made his first appearance before the ICC, where he was formally informed of the charges. The prosecution has since submitted over 1,000 items of evidence, including documents and videos, to support their case.

Earlier this month, the ICC denied a request from the defense to disqualify two judges for alleged bias. The court also received a request for a status conference from Kaufman to address procedural delays ahead of the September hearing. The defense has filed a motion for Dutertes interim release, but this has been opposed by both the prosecution and victims representatives, who cite flight risk and security concerns.

Despite being in detention, Duterte remains a strong political figure. He won the Davao City mayoral seat in absentia during the May 2025 midterm elections. His daughter, Vice President Sara Duterte, also recently overcame an impeachment attempt that was dismissed by the Supreme Court on legal grounds. DEF